Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Regulations) of the Securities and at the date hereof, the Company was and is an “ineligible issuer,” as defined in Rule 405.
Appears in 9 contracts
Samples: Underwriting Agreement (GSR III Acquisition Corp.), Underwriting Agreement (GSR III Acquisition Corp.), Underwriting Agreement (GSR II Meteora Acquisition Corp.)
Ineligible Issuer. At the time of filing the Resale Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the RegulationsSecurities Act) of the Securities and at the date hereof, the Company was and is will not be an “ineligible issuer,” as defined in Rule 405.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (DiaMedica Therapeutics Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the time of effectiveness of the Registration Statement and any amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Public Securities and at the date hereof, the Company was and is an “ineligible issuer,” as defined in Rule 405.
Appears in 7 contracts
Samples: Underwriting Agreement (Roadzen Inc.), Underwriting Agreement (Uni-Fuels Holdings LTD), Underwriting Agreement (Diamir Biosciences Corp.)
Ineligible Issuer. At the earliest time after the filing of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the RegulationsSecurities Act) of the Securities Shares and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 5 contracts
Samples: Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the 1933 Act Regulations) of the Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 4 contracts
Samples: Underwriting Agreement (Ashford Hospitality Prime, Inc.), Underwriting Agreement (Braemar Hotels & Resorts Inc.), Underwriting Agreement (Ashford Inc.)
Ineligible Issuer. At the earliest time after the filing of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 4 contracts
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment amendments thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the RegulationsSecurities Act) of the Securities Shares and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 of the Securities Act.
Appears in 4 contracts
Samples: Sales Agreement (DiamondRock Hospitality Co), Sales Agreement (DiamondRock Hospitality Co), Sales Agreement (DiamondRock Hospitality Co)
Ineligible Issuer. At the earliest time after the filing of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Regulations)) of the Securities and at (ii) as of the Execution Time (with such date hereofbeing used as the determination date for purposes of this clause (ii)), the Company was not and is not an “ineligible issuer,” Ineligible Issuer (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an Ineligible Issuer.
Appears in 4 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Kindred Healthcare, Inc), Underwriting Agreement (Kindred Healthcare, Inc)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the time of effectiveness of the Registration Statement and any amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Public Securities and at the date hereof, the Company was and is not an “ineligible issuer,” as defined in Rule 405.
Appears in 3 contracts
Samples: Underwriting Agreement (Cytosorbents Corp), Underwriting Agreement (Cytosorbents Corp), Underwriting Agreement (Cytosorbents Corp)
Ineligible Issuer. At the earliest time after the filing of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the RegulationsSecurities) of the Securities and at the date hereofShares, the Company was and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities.
Appears in 3 contracts
Samples: At the Market Issuance Sales Agreement (CapLease, Inc.), Controlled Equity Offering Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Shares and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 3 contracts
Samples: Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc), Underwriting Agreement (Ashford Hospitality Trust Inc)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the 1933 Act Regulations) of the Securities and at the date hereof, the Company was and is an “ineligible issuer,” as defined in Rule 405.
Appears in 3 contracts
Samples: Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.), Underwriting Agreement (Puma Biotechnology, Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the time of effectiveness of the Registration Statement and any amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Public Securities and at the date hereof, the Company was and is an “ineligible issuer,” as defined in Rule 405.
Appears in 3 contracts
Samples: Underwriting Agreement (Alliance Entertainment Holding Corp), Underwriting Agreement (ShiftPixy, Inc.), Underwriting Agreement (Unusual Machines, Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the RegulationsSecurities Act) of the Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Mind Technology, Inc), Underwriting Agreement (Mind Technology, Inc), Equity Distribution Agreement (Mind Technology, Inc)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the RegulationsSecurities Act) of the Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Vislink Technologies, Inc.), Sales Agreement (Vislink Technologies, Inc.)
Ineligible Issuer. At the earliest time after the filing of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the Regulations0000 Xxx) of the Securities and at the date hereofShares, the Company was and is not an “ineligible issuer,” as defined in Rule 405405 under the 1933 Act.
Appears in 2 contracts
Samples: Atm Equity Offering Sales Agreement (CapLease, Inc.), Atm Equity Offering Sales Agreement (Retail Opportunity Investments Corp)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the RegulationsSecurities Act) of the Placement Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Mitcham Industries Inc), Equity Distribution Agreement (Mitcham Industries Inc)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities Placement Shares, and at the date hereofeach Representation Date, the Company was not, is not and is will not be an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Penns Woods Bancorp Inc), Equity Distribution Agreement (First Foundation Inc.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the RegulationsSecurities Act) of the Securities Shares and at the date hereof, the Company was not and is not an “"ineligible issuer,” " as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 1 contract
Samples: Equity Distribution Agreement (Vizsla Silver Corp.)
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the time of effectiveness of the Registration Statement and any amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Public Securities and at the date hereof, the Company was and is an “"ineligible issuer,” " as defined in Rule 405.
Appears in 1 contract
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the time of effectiveness of the Registration Statement and any amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Public Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 1 contract
Ineligible Issuer. At the time of filing the Registration Statement and any post-effective amendment thereto, at the earliest time thereafter that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act Regulations) of the Securities and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Company be considered an ineligible issuer.
Appears in 1 contract
Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc)
Ineligible Issuer. At the time of filing the Registration Statement Statements and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the RegulationsSecurities Act) of the Securities Shares and at the date hereof, the Company was not and is not an “ineligible issuer,” as defined in Rule 405405 under the Securities Act.
Appears in 1 contract
Ineligible Issuer. At The Company was not, at the time of initial filing of the Registration Statement Statement, and any post-effective amendment thereto, at the earliest time thereafter that the Company or another any other offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of under the RegulationsAct) of the Securities Shares, and at is not on the date hereof, the Company was and is an “ineligible issuer,” (as defined in Rule 405405 under the Act).
Appears in 1 contract
Samples: Distribution Agreement (Unit Corp)
